What are the landlord's rights to enter leased property to carry out intrusive surveys?

In Heronslea (Mill Hill) Limited -v- Kwik-Fit Properties Limited the Court considered whether a right to enter on to leasehold premises to inspect them for any purpose or to survey or draw them in fact entitled the Landlord to enter to conduct environmental investigations.

The premises in question had previously been used as a petrol station, although at the time of the proceedings, they were being used as a motorists' centre.   The Landlord had acquired the freehold and was proposing to undertake an intrusive environmental survey to ascertain whether it had been contaminated as a result of its use. 

The Landlord wrote to the Tenant setting out its intended works and offered to locate the 13 bore holes in an area convenient to the Tenant. The Tenant refused to allow the Landlord access and so proceedings were commenced. 

The Landlord's position was that the Lease made reference to environmental issues at various points and that the word "survey" should have a wide meaning, which would include an environmental survey.

The Court dismissed the Landlord's application on the basis that the Lease was set up on the footing that the Tenant would be required to undertake such investigations and/or remedial works as were prudent to enable it to yield up the property at the end of the Lease term without exposing the Landlord to environmental liability.

As such, the ending of the Lease was the appropriate time for the Tenant to undertake these works.  The Landlord was therefore not entitled to address environmental issues of its own volition prior that point.  

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